On page two, by striking out everything following the enacting
clause and inserting the following:

“That the Code of West Virginia, 1931, as amended, be amended by
adding thereto a new section, designated §7-5-2a; that 8-10-2a and
§8-10-2b be amended and reenacted; that §8-13-15 be amended and
reenacted; and that §50-3-2a of said code be amended and reenacted,
all to read as follows:”CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 5. FISCAL AFFAIRS.

§7-5-2a. Credit cards as form of payment.

Notwithstanding any code provision to the contrary, county
officers required or authorized to collect fines, fees, taxes or
other moneys provided by law may accept credit or check cards as a
form of payment. County officers may set a fee to be added to each
transaction equal to the charge paid by the county officers for the
use of the credit or check card by the payor: Provided, That the
county officer is required to obtain three bids and use the lowest,
qualified bid received: Provided, however, That if a county officer
has obtained credit card services, another county officer may be
added to that service without receiving bids for that service. The
county officer shall disclose the amount of the fee to the payor
prior to the transaction and no other fees for the use of a credit
or check card may be imposed upon the payor. Acceptance of a
credit or check card as a form of payment shall be in accordance
with the rules and requirements set forth by the credit or check
card provider.

CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.

§8-10-2a. Payment of fines by credit cards or payment plan;
suspension of driver's license for failure to pay motor
vehicle violation fines or to appear in court.

(a) A municipal court may accept credit cards in payment of
all costs, fines, forfeitures or penalties. A municipal court may
collect a substantial portion of all costs, fines, forfeitures or
penalties at the time such amount is imposed by the court so long
as the court requires the balance to be paid within one hundred
eighty days from the date of judgment and in accordance with a
payment plan: Provided, That all costs, fines, forfeitures or
penalties imposed by the municipal court upon a nonresident of this
state by judgment entered upon a conviction for a motor vehicle
violation defined in section three-a, article three, chapter
seventeen-b of this code must be paid within eighty days from the
date of judgment. The payment plan shall specify: (1) The number
of additional payments to be made; (2) the dates on which such
payments and amounts shall be made; and (3) amounts due on such
dates.

(b) If costs, fines, forfeitures or penalties imposed by the
municipal court for motor vehicle violations as defined in section
three-a, article three, chapter seventeen-b of this code are not
paid within the time limits imposed pursuant to subsection (a) of
this section, or if a person fails to appear or otherwise respond
in court when charged with a motor vehicle violation as defined in
section three-a, article three, chapter seventeen-b of this code,
the municipal court must notify the Commissioner of the Division of
Motor Vehicles of such failure to pay or failure to appear:
Provided, That notwithstanding any other provision of this code to
the contrary, the municipal court shall wait at least ninety days
from the date that all costs, fines, forfeitures or penalties are
due in full or, for failure to appear or otherwise respond, ninety
days from the date of such failure before notifying the Division of
Motor Vehicles thereof.

§8-10-2b. Suspension of licenses for failure to pay fines and
costs or failure to appear in court.

(a) If costs, fines, forfeitures or penalties imposed by the
municipal court upon conviction of a person for a criminal offense
as defined in section three-c, article three, chapter seventeen-b
of this code are not paid in full within one hundred eighty days of
the judgment, the municipal court clerk or, upon a judgment
rendered on appeal, the circuit clerk shall notify the Division of
Motor Vehicles of the failure to pay: Provided, That
notwithstanding any other provision of this code to the contrary,
for residents of this state, the municipal court shall wait at
least ninety days from the date that all costs, fines, forfeitures
or penalties are due in full before notifying the Division of Motor
Vehicles thereof: Provided,however, That at the time the judgment
is imposed, the judge shall provide the person with written notice
that failure to pay the same as ordered may result in the
withholding of any income tax refund due the licensee and shall
result in the suspension of the person's license or privilege to
operate a motor vehicle in this state and that the suspension could
result in the cancellation of, the failure to renew or the failure
to issue an automobile insurance policy providing coverage for the
person or the person's family: Provided,however further, That the
failure of the judge to provide notice does not affect the validity
of any suspension of the person's license or privilege to operate
a motor vehicle in this state. For purposes of this section,
payment shall be stayed during any period an appeal from the
conviction which resulted in the imposition of costs, fines,
forfeitures or penalties is pending.

Upon notice, the Division of Motor Vehicles shall suspend the
person's driver's license or privilege to operate a motor vehicle
in this state until such time that the costs, fines, forfeitures or
penalties are paid.

(b) Notwithstanding the provisions of this section to the
contrary, the notice of the failure to pay costs, fines,
forfeitures or penalties may not be given where the municipal
court, upon application of the person upon whom the costs, fines,
forfeitures or penalties were imposed filed prior to the expiration
of the period within which these are required to be paid, enters an
order finding that the person is financially unable to pay all or
a portion of the costs, fines, forfeitures or penalties: Provided,
That where the municipal court, upon finding that the person is
financially unable to pay a portion of the costs, fines,
forfeitures or penalties, requires the person to pay the remaining
portion, the municipal court shall notify the Division of Motor
Vehicles of the person's failure to pay if not paid within the
period of time ordered by the court.

(c) If a person charged with a criminal offense fails to
appear or otherwise respond in court, the municipal court clerk
shall notify the Division of Motor Vehicles within fifteen days of
the scheduled date to appear unless the person sooner appears or
otherwise responds in court to the satisfaction of the judgeof the
failure to appear: Provided, That notwithstanding any other
provision of this code to the contrary, for residents of this
state, the municipal court clerk shall wait at least ninety days
from the date of the person’s failure to appear or otherwise
respond before notifying the Division of Motor Vehicles thereof.
Upon notice, the Division of Motor Vehicles shall suspend the
person's driver's license or privilege to operate a motor vehicle
in this state until such time that the person appears as required.

(d) On and after July 1, 2008, if the licensee fails to
respond to the Division of Motor Vehicles order of suspension
within ninety days of receipt of the certified letter, the
municipal court of original jurisdiction shall notify the Tax
Commissioner that the licensee has failed to pay the costs, fines,
forfeitures or penalties assessed by the court or has failed to
respond to the citation. The notice provided by the municipal
court to the Tax Commissioner must include the licensee’s social
security number. The Tax Commissioner, or his or her designee,
shall withhold from any personal income tax refund due and owing to
a licensee the costs, fines, forfeitures or penalties due to the
municipality, the Tax Commissioner’s administration fee for the
withholding and any and all fees that the municipal court would
have collected had the licensee appeared: Provided, That the Tax
Commissioner’s administration fee may not exceed $25: Provided,
however, That the Tax Commissioner may change this maximum amount
limitation for this fee for fiscal years beginning on or after July
1, 2008, by legislative rule promulgated in accordance with the
provisions of article three, chapter twenty-nine-a of this code:
Provided further, That the administrative fees deducted shall be
deposited in the special revolving fund hereby created in the State
Treasury, which shall be designated as the “municipal fines and
fees collection fund”, and the Tax Commissioner shall make such
expenditures from the fund as he or she deems appropriate for the
administration of this subsection. After deduction of the Tax
Commissioner’s administration fee, the Tax Commissioner shall remit
to the municipality all remaining amounts withheld pursuant to this
section and the municipal court shall distribute applicable costs,
fines, forfeitures or penalties owed to the municipality, the
Regional Jail Authority Fund, the Crime Victims Compensation Fund,
the Community Corrections Fund, the Governor’s subcommittee on law-enforcement training or any other fund or payee that may be
applicable. After the costs, fines, forfeitures or penalties are
withheld, the Tax Commissioner shall refund any remaining balance
due the licensee. If the refund is not sufficient to cover all the
costs, fines, forfeitures or penalties being withheld pursuant to
this section, the Tax Commissioner’s administration fee shall be
retained by the Tax Commissioner and the remaining money withheld
shall be remitted by the Tax Commissioner to the municipality. The
municipality shall then allocate the money so remitted to the
municipality in the following manner: (1) Any costs, fines,
forfeitures or penalties due to the municipality; (2) seventy-five
percent of the remaining balance shall be paid to the appropriate
Regional Jail Authority Fund; (3) fifteen percent of the remaining
balance shall be paid to the Crime Victims Compensation Fund; (4)
six percent of the remaining balance shall be paid into the
Community Corrections Fund; and (5) the final four percent shall be
paid to the Governor’s subcommittee on law-enforcement training.
When the costs, fines, forfeitures or penalties exceed the
licensee’s income tax refund, the Tax Commissioner shall withhold
the remaining balance in subsequent years until such time as the
costs, fines, forfeitures or penalties owed are paid in full. The
Tax Commissioner shall remit the moneys that he or she collects to
the appropriate municipality no later than July 1, of each year.
If the municipal court or the municipality subsequently determines
that any such costs, fines, forfeitures or penalties were
erroneously imposed, the municipality shall promptly notify the Tax
Commissioner. If the refunds have not been withheld and remitted,
the Tax Commissioner may not withhold and remit payment to the
municipality and shall so inform the municipality. If the refunds
have already been withheld and remitted to the municipality, the
Tax Commissioner shall so inform the municipality. In either
event, all refunds for erroneously imposed costs, fines,
forfeitures or penalties shall be made by the municipality and not
by the Tax Commissioner.

(e) Rulesand effective date. –- The Tax Commissioner may
promulgate such rules as may be useful or necessary to carry out
the purpose of this section and to implement the intent of the
Legislature, to be effective on July 1, 2008. Rules shall be
promulgated in accordance with the provisions of article three,
chapter twenty-nine-a of this code.

(f) On or before July 1, 2005, the municipal court may elect
to reissue notice as provided in subsections (a) and (c) of this
section to the Division of Motor Vehicles for persons who remain
noncompliant: Provided, That the person was convicted or failed to
appear on or after January 1, 1993. If the original notification
cannot be located, the Division of Motor Vehicles shall accept an
additional or duplicate notice from the municipal court clerk.

ARTICLE 13. TAXATION AND FINANCE.

§8-13-15. Collection of municipal taxes, fines and assessments.

Unless otherwise provided, it shall be the duty of the
treasurer of the municipality or other individual who may be
designated by general law, by charter provisions or by the
governing body, to collect and promptly pay into the municipal
treasury all taxes, fines, special assessments or other moneys due
the municipality. All such taxes, fines, special assessments
(except assessments for permanent or semipermanent public
improvements) and other moneys due the municipality are hereby
declared to be debts owing to the municipality, for which the
debtor shall be personally liable, and the treasurer, or other
individual so designated, may enforce this liability by appropriate
civil action in any court of competent jurisdiction, and is hereby
vested with the same rights to distrain for the same as is vested
in the sheriff for the collection of taxes. Such treasurer or
other individual shall give a bond, conditioned according to law,
in such penalty and with such security as the governing body may
require: Provided, That nothing in this article shall prohibit the
payment of taxes, fines, special assessments or other moneys due
the municipality by credit or check card. The municipality or
municipal court may set a fee to be added to each transaction equal
to the charge paid by the municipality for the use of the credit or
check card by the debtor: Provided, That the municipality is
required to obtain three bids and use the lowest, qualified bid
received. Provided, however, That if a municipality has obtained
credit card services, the municipal court may be added to that
service without receiving bids for that service. The municipality
or municipal court shall disclose the amount of the fee to the
debtor prior to the transaction and no other fees for the use of a
credit or check card may be imposed upon the debtor. Acceptance of
a credit or check card as a form of payment shall be in accordance
with the rules and requirements set forth by the credit or check
card provider.Allowing for the collection of these funds by
credit or check card shall be at the discretion of the municipality
or municipal court.

CHAPTER 50. MAGISTRATE COURTS.

ARTICLE 3. COSTS, FINES AND RECORDS.

§50-3-2a. Payment by credit card or payment plan; suspension of
licenses for failure to make payments or appear or respond;
restitution; liens.

(a) A magistrate court may accept credit cards in payment of
all costs, fines, fees, forfeitures, restitution or penalties in
accordance with rules promulgated by the Supreme Court of Appeals.
Any charges made by the credit company shall be paid by the person
responsible for paying the cost, fine, forfeiture or penalty.

(b) Unless otherwise required by law, a magistrate court may
collect a portion of any costs, fines, fees, forfeitures,
restitution or penalties at the time the amount is imposed by the
court so long as the court requires the balance to be paid in
accordance with a payment plan which specifies: (1) The number of
payments to be made; (2) the dates on which the payments are due;
and (3) the amounts due for each payment. The written agreement
represents the minimum payments and the last date those payments
may be made. The obligor or the obligor’s agent may accelerate the
payment schedule at any time by paying any additional portion of
any costs, fines, fees, forfeitures, restitution or penalties.

(c) (1) If any costs, fines, fees, forfeitures, restitution or
penalties imposed by the magistrate court in a criminal case are
not paid within one hundred eighty days from the date of judgment
and the expiration of any stay of execution, the magistrate court
clerk or, upon judgment rendered on appeal, the circuit clerk shall
notify the Commissioner of the Division of Motor Vehicles of the
failure to pay: Provided, That in a criminal case in which a
nonresident of this state is convicted of a motor vehicle violation
defined in section three-a, article three, chapter seventeen-b of
this code, the appropriate clerk shall notify the Division of Motor
Vehicles of the failure to pay within eighty days from the date of
judgment and expiration of any stay of execution. Upon notice, the
Division of Motor Vehicles shall suspend any privilege the person
defaulting on payment may have to operate a motor vehicle in this
state, including any driver's license issued to the person by the
Division of Motor Vehicles, until all costs, fines, fees,
forfeitures, restitution or penalties are paid in full. The
suspension shall be imposed in accordance with the provisions of
section six, article three, chapter seventeen-b of this code:
Provided, That any person who has had his or her license to operate
a motor vehicle in this state suspended pursuant to this subsection
and his or her failure to pay is based upon inability to pay, may,
if he or she is employed on a full or part-time basis, petition to
the circuit court for an order authorizing him or her to operate a
motor vehicle solely for employment purposes. Upon a showing
satisfactory to the court of inability to pay, employment and
compliance with other applicable motor vehicle laws, the court
shall issue an order granting relief.

(2) In addition to the provisions of subdivision (1) of this
subsection, if any costs, fines, fees, forfeitures, restitution or
penalties imposed or ordered by the magistrate court for a hunting
violation described in chapter twenty of this code are not paid
within one hundred eighty days from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk or,
upon a judgment rendered on appeal, the circuit clerk shall notify
the Director of the Division of Natural Resources of the failure to
pay. Upon notice, the Director of the Division of Natural
Resources shall suspend any privilege the person failing to appear
or otherwise respond may have to hunt in this state, including any
hunting license issued to the person by the Division of Natural
Resources, until all the costs, fines, fees, forfeitures,
restitution or penalties are paid in full.

(3) In addition to the provisions of subdivision (1) of this
subsection, if any costs, fines, fees, forfeitures, restitution or
penalties imposed or ordered by the magistrate court for a fishing
violation described in chapter twenty of this code are not paid
within one hundred eighty days from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk or,
upon a judgment rendered on appeal, the circuit clerk shall notify
the Director of the Division of Natural Resources of the failure to
pay. Upon notice, the Director of the Division of Natural
Resources shall suspend any privilege the person failing to appear
or otherwise respond may have to fish in this state, including any
fishing license issued to the person by the Division of Natural
Resources, until all the costs, fines, fees, forfeitures,
restitution or penalties are paid in full.

(d) (1) If a person charged with any criminal violation of
this code fails to appear or otherwise respond in court, the
magistrate court shall notify the Commissioner of the Division of
Motor Vehicles: thereof within fifteenninety days of the scheduled
date to appear unless the person sooner appears or otherwise
responds in court to the satisfaction of the magistrate. Upon
notice, the Division of Motor Vehicles shall suspend any privilege
the person failing to appear or otherwise respond may have to
operate a motor vehicle in this state, including any driver's
license issued to the person by the Division of Motor Vehicles,
until final judgment in the case and, if a judgment of guilty,
until all costs, fines, fees, forfeitures, restitution or penalties
imposed are paid in full. The suspension shall be imposed in
accordance with the provisions of section six, article three,
chapter seventeen-b of this code.

(2) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any hunting violation
described in chapter twenty of this code fails to appear or
otherwise respond in court, the magistrate court shall notify the
Director of the Division of Natural Resources of the failure
thereof within fifteen days of the scheduled date to appear unless
the person sooner appears or otherwise responds in court to the
satisfaction of the magistrate. Upon notice, the Director of the
Division of Natural Resources shall suspend any privilege the
person failing to appear or otherwise respond may have to hunt in
this state, including any hunting license issued to the person by
the Division of Natural Resources, until final judgment in the case
and, if a judgment of guilty, until all costs, fines, fees,
forfeitures, restitution or penalties imposed are paid in full.

(3) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any fishing violation
described in chapter twenty of this code fails to appear or
otherwise respond in court, the magistrate court shall notify the
Director of the Division of Natural Resources of the failure
thereof within fifteen days of the scheduled date to appear unless
the person sooner appears or otherwise responds in court to the
satisfaction of the magistrate. Upon notice, the Director of the
Division of Natural Resources shall suspend any privilege the
person failing to appear or otherwise respond may have to fish in
this state, including any fishing license issued to the person by
the Division of Natural Resources, until final judgment in the case
and, if a judgment of guilty, until all costs, fines, fees,
forfeitures, restitution or penalties imposed are paid in full.

(e) In every criminal case which involves a misdemeanor
violation, a magistrate may order restitution where appropriate
when rendering judgment.

(f) (1) If all costs, fines, fees, forfeitures, restitution or
penalties imposed by a magistrate court and ordered to be paid are
not paid within one hundred eighty days from the date of judgment
and the expiration of any stay of execution, the clerk of the
magistrate court shall notify the prosecuting attorney of the
county of nonpayment and provide the prosecuting attorney with an
abstract of judgment. The prosecuting attorney shall file the
abstract of judgment in the office of the clerk of the county
commission in the county where the defendant was convicted and in
any county wherein the defendant resides or owns property. The
clerks of the county commissions shall record and index the
abstracts of judgment without charge or fee to the prosecuting
attorney and when so recorded, the amount stated to be owing in the
abstract shall constitute a lien against all property of the
defendant.

(2) When all the costs, fines, fees, forfeitures, restitution
or penalties described in subdivision (1) of this subsection for
which an abstract of judgment has been recorded are paid in full,
the clerk of the magistrate court shall notify the prosecuting
attorney of the county of payment and provide the prosecuting
attorney with a release of judgment, prepared in accordance with
the provisions of section one, article twelve, chapter thirty-eight
of this code, for filing and recordation pursuant to the provisions
of this subdivision. Upon receipt from the clerk, the prosecuting
attorney shall file the release of judgment in the office of the
clerk of the county commission in each county where an abstract of
the judgment was recorded. The clerks of the county commissions
shall record and index the release of judgment without charge or
fee to the prosecuting attorney.

(g) Notwithstanding any provision of this code to the
contrary, except as authorized by this section, payments of all
costs, fines, fees, forfeitures, restitution or penalties imposed
by the magistrate court in civil or criminal matters shall be made
in full. Partial payments of costs, fines, fees, forfeitures,
restitution or penalties made pursuant to this section shall be
credited to amounts due in the following order: